Section 27-2105. MANDATORY SET-ASIDES

 

2105.1Except as provided by §§ 2101, 2102, 2103, 2104 and 2105.2 and 2105.3, the contracting officer shall award contracts of $250,000 or less to a qualified SBE.

2105.2If the contracting officer determines in writing that there are not at least two (2) qualified SBEs that can provide the goods or services, the contracting officer may use a qualified CBE that can provide the goods or services.

 

2105.3If the contracting officer determines in writing that the price offered by the SBE or CBE is believed to be 12% or more above the likely price in the open market, the contracting officer may decline to award a contract under this section, and issue the solicitation in the open market. 

 

2105.4A copy of each determination made under this section shall be submitted promptly to the Director of the DSLBD.

 

 

authority

Sections 204 and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-352.04 and 2-361.06 (2012 Repl.)).

source

Final Rulemaking published at 35 DCR 1516 (February 26, 1988); as amended by Final Rulemaking published at 62 DCR 9255 (July 3, 2015).